FORESTRY COMMISSIONER 61 



Regarding the question submitted, in the light of the doctrine above stated 

 (being that of Maine and Massachusetts at least) we do not think the proposed 

 legislation would operate to "take" private property within the inhibition of the 

 constitution. While it might restrict the owner of wild and uncultivated lands 

 in his use of them, might delay his taking some of the product, might delay his 

 anticipated profits, and even thereby might cause him some loss of profit, it would 

 nevertheless leave him his lands, their product and increase, untouched, and 

 without diminution of title, estate or quantity. He would still have large measure 

 of control and large opportunity to realize values. He might sufiFer delay, but 

 not deprivation. While the use might be restricted, it would not be appropriated 

 or "taken." 



The foregoing considerations lead us to the opinion at present that the 

 proposed legislation for the purposes and with the limitations named in the senate 

 order, would be within the legislative power and would not operate as a taking 

 of private property for which compensation must be made. 

 Respectfully submitted, 



LUCILIUS A. EMERY, 

 WM. P. WHITEHOUSE, 

 S. C. STROUT, 

 HENRY C. PEABODY, 

 ALBERT M. SPEAR, 

 March lo, 1908. LESLIE C. CORNISH. 



FORESTRY IN BULGARIA. 



Bulgaria, bordering the west coast of the Black Sea 

 and the south bank of the Danube, was in antiquity a 

 part of Thrace. That, in the drama of "The Gladiator,' 

 was the native land of Spartacus. Now a slave and 

 gladiator, he had, he says, in boyhood looked from the 

 "cloud-piercing Hoemus" upon a fertile country sloping 

 to the mighty Danube, where ' 'peace was tinkling on the 

 shepherd's bell and singing with the reapers. " 



Bulgaria, with a population now of over four milHon, 

 was for five centuries a province of Turkey, but gained its 

 political independence thirty years ago. It has made 

 rapid progress in recent years, and naturally forestry is 

 one of the things that has received favorable attention 

 from its enlightened government. 



The total area of the forest in Bulgaria comprises 

 7,512,000 acres, being 30 per cent of the whole area of 

 the country. Of these, 2,231,000 acres belong to the 

 State, 3,866,000 acres to parishes, 132,000 acres to schools 



